A summary of this committee meeting is not yet available.
LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE
7 March 2005
INTERVENTIONS INTO ELUNDINI, NGQUSHWA, MOQHAKA AND PHUMELELA MUNICIPALITIES: CONSIDERATION
Acting Chairperson: Kgoshi L Mokoena (ANC)[Limpopo]
Documents handed out:
Elundini Report of KwaZulu-Natal MEC for Housing, Local Government and Traditional Affairs to the NCOP for period 15/10/04-14/01/05
Response about Ngqushwa Municipality from Superintendent-General: Housing, Local Government and Traditional Affairs: Eastern Cape Province
Committee Report on Intervention to Moqhaka Municipality [not available until adopted]
Committee Report on Intervention to Phumelela Municipality [not available until adopted]
Letter from the Eastern Cape MEC for Housing, Local Government and Traditional Affairs: Submission of progress report on Elundini intervention
Draft report of the Select Committee on Local Government and Administration on the intervention in the Elundini Local Municipality
Intervention in terms of section 139 of the Constitution in Moqhaka Municipality
Eastern Cape provincial government intervention proposal: Elundni Municipalityl
The Committee agreed not make a decision about the Elundini Local Municipality intervention before committee members had had an opportunity to study the progress report received from the KwaZulu-Natal MEC for Local Government. The Legal Section of Parliament explained that the no decision could be taken about the Ngqushwa Municipality intervention as the municipality had applied for a restraining order against the province’s decision to intervene. The Committee deferred adopting their Committee Reports on the necessity of intervening into the affairs of Moqhaka and Phumelela Local Municipalities as most of the Members who had attended the in loco inspections of these municipalities were not present at the meeting.
Kgoshi L Mokoena (ANC)[Limpopo] welcomed Members to the meeting and informed them that he had been requested by the Committee Chair to take the chairpersonship reigns, as he would not be present due to some unforeseen circumstances.
Report of the MEC for Housing, Local Government and Traditional Affairs to the NCOP for the Period 15/10/04-14/01/05 on Elundini Intervention in terms of S139
The Chair noted that Members had raised concern at the number of times that provinces had requested the National Council of Provinces to approve an intervention but once it had been approved they would never give feedback as required. However, the MECs had since indicated their willingness to comply with the requirements. As a result, the Committee had received a progress report on Elundini’s intervention.
Mr F Adams (NNP)[Western Cape] noted that Members have not had an opportunity to study the MEC’s report and asked if they could be given time to do so.
The Committee unanimously agreed that the matter be deferred for another meeting.
Letter from the Superintendent-General: Housing, Local Government and Traditional Affairs on Ngqushwa Local Municipality
The Chair explained that the Committee had requested Parliament’s Legal Section to investigate the status and legalities surrounding intervention into Ngqushwa Local Municipality in terms of S139.
Mr B Nonyana (Parliamentary Legal Advisor) noted that following the Committee’s request, the Legal Section had written to the provincial executive of Eastern Cape. The provincial Superintendent-General had replied stating that the MEC had reviewed the decision to intervene as the municipality had applied for a restraining order to prevent the department from implementing the intervention mandated by the provincial Executive Council. The hearing on this matter started on 1 March 2005. The NCOP would be informed about further developments on the matter and so he proposed that the matter be kept in abeyance until notified of those developments.
The Committee accepted this proposal from the Legal Section. However, Ms S Leo (DA)[Northern Cape] noted that the hearing should have been concluded by now so she asked the Legal Section to follow up the matter and let them know of the outcome.
The Chair said that the matter would be kept in abeyance pending the findings of the hearing.
Committee Report on the Intervention to Moqhaka Local Municipality in terms of S139
The Chair noted that after the Committee had received an application from the MEC to approve an intervention in terms S139 of the Constitution, it had conducted its inspection in loco. The Office of the Presidency had also conducted its inspection in loco and made its own findings on the matter. He called on the Committee to consider their findings bearing in mind that there had been a number of interactions between the Presidency, the Chair of NCOP and the Province on the matter.
Ms Leo (DA)[Northern Cape] noted that most of the Members who had attended the inspection in loco of the Moqhaka municipality were not present in the meeting. She proposed that the matter be deferred for later discussion.
The Chair noted that the Committee agreed to wait for a full sitting of the Committee.
Committee Report on the Intervention to Phumelela Local Municipality in terms of S139
The Chair noted that the Committee likewise agreed to wait for a full sitting of the Committee.
The meeting was adjourned.